87R8768 JSC-D
By: Crockett H.B. No. 3170
A BILL TO BE ENTITLED
AN ACT
relating to the mandatory placement on deferred adjudication
community supervision of certain defendants charged with
possession of certain substances listed in Penalty Group 2 under
the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.1025 to read as
follows:
Art. 42A.1025. MANDATORY PLACEMENT ON DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRUG POSSESSION
OFFENSES. (a) This article applies to an offense under Section
481.116, Health and Safety Code, if the controlled substance
possessed was a tetrahydrocannabinol, other than marihuana, or
synthetic equivalents of the substances contained in the plant, or
in the resinous extractives of Cannabis, or synthetic substances,
derivatives, or their isomers with similar chemical structure and
pharmacological activity.
(b) A judge shall place a defendant charged with an offense
described by Subsection (a) on deferred adjudication community
supervision unless the defendant is otherwise ineligible for
deferred adjudication community supervision under Article
42A.102(b).
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2021.